3750.02
Emergency response commission.

(A)
There is hereby created the emergency
response commission consisting of the directors of environmental protection and
health, the chairperson of the public utilities commission, the fire marshal,
the director of public safety, the director of transportation, the director of
natural resources, the superintendent of the highway patrol, and the attorney
general as members ex officio, or their designees; notwithstanding section
101.26 of the Revised Code, the
chairpersons of the respective standing committees of the senate and house of
representatives that are primarily responsible for considering environmental
issues who may participate fully in all the commission's deliberations and
activities, except that they shall serve as nonvoting members; and ten members
to be appointed by the governor with the advice and consent of the senate. The
appointed members, to the extent practicable, shall have technical expertise in
the field of emergency response. Of the appointed members, two shall represent
environmental advocacy organizations, one shall represent the interests of
petroleum refiners or marketers or chemical manufacturers, one shall represent
the interests of another industry subject to this chapter, one shall represent
the interests of municipal corporations, one shall represent the interests of
counties, one shall represent the interests of chiefs of fire departments, one
shall represent the interests of professional firefighters, one shall represent
the interests of volunteer firefighters, and one shall represent the interests
of local emergency management agencies.

An appointed member of the commission also may serve as a
member of the local emergency planning committee of an emergency planning
district. An appointed member of the commission who is also a member of a local
emergency planning committee shall not participate as a member of the
commission in the appointment of members of the local emergency planning
committee of which the member is a member, in the review of the chemical
emergency response and preparedness plan submitted by the local emergency
planning committee of which the member is a member, in any vote to approve a
grant to the member's district, or in any vote of the commission on any motion
or resolution pertaining specifically to the member's district or the local
emergency planning committee on which the member serves. A commission member
who is also a member of a local emergency planning committee shall not lobby or
otherwise act as an advocate for the member's district to other members of the
commission to obtain from the commission anything of value for the member's
district or the local emergency planning committee of which the member is a
member. A member of the commission who is also a member of a local emergency
planning committee may vote on resolutions of the commission that apply
uniformly to all local emergency planning committees and districts in the state
and do not provide a grant or other pecuniary benefit to the member's district
or the committee of which the member is a member.

The governor shall make the initial appointments to the
commission within thirty days after December 14, 1988. Of the initial
appointments to the commission, five shall be for a term of two years and five
shall be for a term of one year. Thereafter, terms of office of the appointed
members of the commission shall be for two years, with each term ending on the
same day of the same month as did the term that it succeeds. Each member shall
hold office from the date of appointment until the end of the term for which
the member was appointed. Members may be reappointed. Vacancies shall be filled
in the manner provided for original appointments. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of that term. A
member shall continue in office subsequent to the expiration date of the
member's term until the member's successor takes office or until a period of
sixty days has elapsed, whichever occurs first. The commission may at any time
by a vote of two-thirds of all the members remove any appointed member of the
commission for misfeasance, nonfeasance, or malfeasance. Members of the
commission shall serve without compensation, but shall be reimbursed for the
reasonable expenses incurred by them in the discharge of their duties as
members of the commission.

The commission shall meet at least annually and shall hold such
additional meetings as are necessary to implement and administer this chapter.
Additional meetings may be held at the behest of either a co-chairperson or a
majority of the members. The commission shall, by adoption of internal
management rules under division (B)(9) of this section, establish an executive
committee and delegate to it the performance of such of the commission's duties
and powers under this chapter as are required or authorized to be so delegated
by that division. The commission may organize itself into such additional
committees as it considers necessary or convenient to implement and administer
this chapter. The director of environmental protection and the director of
public safety or their designees shall serve as co-chairpersons of the
commission and the executive committee. Except as otherwise provided in this
chapter, a majority of the voting members of the commission constitutes a
quorum and the affirmative vote of a majority of the voting members of the
commission is necessary for any action taken by the commission. Meetings of the
executive committee conducted for the purpose of determining whether to issue
an enforcement order or request that a civil action, civil penalty action, or
criminal action be brought to enforce this chapter or rules adopted or orders
issued under it are not subject to section
121.22 of the Revised Code pursuant
to division (D) of that section.

Except for the purposes of Chapters 102. and 2921. and sections
9.86 and
109.36 to
109.366 of the Revised Code,
serving as an appointed member of the commission does not constitute holding a
public office or position of employment under the laws of this state and does
not constitute grounds for removal of public officers or employees from their
offices or positions of employment.

(1)
Adopt rules in accordance with Chapter
119. of the Revised Code that are consistent with and equivalent in scope,
content, and coverage to the "Emergency Planning and Community Right-To-Know
Act of 1986," 100 Stat. 1729,
42 U.S.C.A.
11001 , and applicable regulations adopted
under it:

(a)
Identifying or listing
extremely hazardous substances and establishing a threshold planning quantity
for each such substance. To the extent consistent with that act and applicable
regulations adopted under it, the rules may establish threshold planning
quantities based upon classes of those substances or categories of facilities
at which such substances are present.

(b)
Listing hazardous chemicals, establishing
threshold quantities for those chemicals, establishing categories of health and
physical hazards of those chemicals, establishing criteria or procedures for
identifying those chemicals and the appropriate hazard categories of those
chemicals, and establishing ranges of quantities for those chemicals to be used
in preparing emergency and hazardous chemical inventory forms under section
3750.08 of the Revised Code. To
the extent consistent with that act and applicable regulations adopted under
it, the rules may establish threshold quantities based upon classes of those
chemicals or categories of facilities where those chemicals are present.

To the extent consistent with that act, the threshold
quantities for purposes of the submission of lists of hazardous chemicals under
section 3750.07 and the submission of
emergency and hazardous chemical inventory forms under section
3750.08 of the Revised Code may
differ.

(c)
Identifying or
listing hazardous substances and establishing reportable quantities of each of
those substances and each extremely hazardous substance. In addition to being
consistent with and equivalent in scope, content, and coverage to that act and
applicable regulations adopted under it, the rules shall be consistent with and
equivalent in scope, content, and coverage to regulations identifying or
listing hazardous substances and reportable quantities of those substances
adopted under the "Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2779,
42 U.S.C.A.
9602 , as amended.

(d)
Prescribing the information to be
included in the lists of hazardous chemicals required to be submitted under
section 3750.07 of the Revised Code;

(e)
Prescribing the information to
be included in the emergency and hazardous chemical inventory forms required to
be submitted under section
3750.08 of the Revised Code. If
the commission establishes its own emergency and hazardous chemical inventory
form, the rules shall authorize owners and operators of facilities who also
have one or more facilities located outside the state for which they are
required to submit inventory forms under the federal act and regulations
adopted under it to submit their annual inventories on forms prescribed by the
administrator of the United States environmental protection agency under that
act instead of on forms prescribed by the commission and shall require those
owners or operators to submit any additional information required by the
commission's inventory form on an attachment to the federal form.

(f)
Establishing procedures for giving verbal
notice of releases under section
3750.06 of the Revised Code and
prescribing the information to be provided in such a notice and in the
follow-up written notice required by that section;

(g)
Establishing standards for determining
valid needs for the release of tier II information under division (B)(4) of
section 3750.10 of the Revised Code;

(h)
Identifying the types or
categories of information submitted or obtained under this chapter and rules
adopted under it that constitute confidential business information;

(i)
Establishing criteria and procedures to
protect trade secret and confidential business information from unauthorized
disclosure;

(j)
Establishing other
requirements or authorizations that the commission considers necessary or
appropriate to implement, administer, and enforce this chapter.

(2)
Adopt rules in accordance with
Chapter 119. of the Revised Code to implement and administer this chapter that
may be more stringent than the "Emergency Planning and Community Right-To-Know
Act of 1986," 100 Stat. 1729,
42 U.S.C.A.
11001 , and regulations adopted under it.
Rules adopted under division (B)(2) of this section shall not be inconsistent
with that act or the regulations adopted under it. The rules shall:

(a)
Prescribe the information to be included
in the chemical emergency response and preparedness plans prepared and
submitted by local emergency planning committees under section
3750.04 of the Revised Code;

(b)
Establish criteria and
procedures for reviewing the chemical emergency response and preparedness plans
of local emergency planning committees required by section
3750.04 of the Revised Code and
the annual exercise of those plans and for providing concurrence or requesting
modifications in the plans and the exercise of those plans. The criteria shall
include, without limitation, the requirement that each exercise of a
committee's plan involve, in addition to local emergency response and medical
personnel, either a facility that is subject to the plan or a transporter of
materials that are identified or listed as hazardous materials by regulations
adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156
(1975), 49 U.S.C.A. 1801, as amended.

(c)
Establish policies and procedures for
maintaining information submitted to the commission and local emergency
planning committees under this chapter, and for receiving and fulfilling
requests from the public for access to review and to obtain copies of that
information. The criteria and procedures shall include the following
requirements and authorizations regarding that information and access to it:

(i)
Information that is protected as trade
secret information or confidential business information under this chapter and
rules adopted under it shall be kept in files that are separate from those
containing information that is not so protected.

(ii)
The original copies of information
submitted to the commission or committee shall not be removed from the custody
and control of the commission or committee.

(iii)
A person who, either in person or by
mail, requests to obtain a copy of a material safety data sheet submitted under
this chapter by a facility owner or operator shall submit a separate
application for each facility for which a material safety data sheet is being
requested.

(iv)
A person who
requests to receive by mail a copy of information submitted under this chapter
by a facility owner or operator shall submit a separate application for each
facility for which information is being requested and shall specify both the
facility for which information is being requested and the particular types of
documents requested.

(v)
Only
employees of the commission or committee shall copy information in the files of
the commission or committee.

(vi)
The commission or committee may require any person who requests to review or
obtain a copy of information in its files to schedule an appointment for that
purpose with the information coordinator of the commission or committee at
least twenty-four hours before arriving at the office of the commission or
committee for the review or copy.

(vii)
Any person who seeks access to
information in the files of the commission or a local emergency planning
committee shall submit a written application, either in person or by mail, to
the information coordinator on a form provided by the commission or committee.
The person also shall provide the person's name and current mailing address on
the application and may be requested by the commission or committee to provide
basic demographic information on the form to assist in the evaluation of the
information access provisions of this chapter and rules adopted under it.
Application forms may be obtained by mail or in person or by request by
telephone at the office of the commission or committee during regular business
hours. Upon receipt of a request for an application by telephone or mail, the
information coordinator shall promptly mail an application to the person who
requested it.

(viii)
The
application form shall provide the applicant with a means of indicating that
the applicant's name and address are to be kept confidential. If the applicant
so indicates, that information is not a public record under section
149.43 of the Revised Code and
shall not be disclosed to any person who is not a member or employee of the
commission or committee or an employee of the environmental protection agency.
When a name and address are to be kept confidential, they also shall be deleted
from the copy of the application required to be placed in the file of the
facility under division (B)(2)(c)(xii) of this section and shall be withheld
from any log of information requests kept by the commission or committee
pursuant to that division.

(ix)
Neither the commission nor a local emergency planning committee shall charge
any fee for access to review information in its files when no copies or
computer searches of that information are requested.

(x)
An applicant shall be informed of the
cost of copying, mailing, or conducting a computer search of information on
file with the commission or committee before such a copy or search is made, and
the commission or committee shall collect the appropriate fees as established
under section
3750.13 of the Revised Code. Each
applicant shall acknowledge on the application form that the applicant is aware
that the applicant will be charged for copies and computer searches of that
information the applicant requests and for the costs of mailing copies of the
information to the applicant.

(xi)
The commission or committee may require a person requesting copies of
information on file with it to take delivery of them in the office of the
commission or committee whenever it considers the volume of the information to
be large enough to make mailing or delivery by a parcel or package delivery
service impractical.

(xii)
When
the commission or committee receives a request for access to review or obtain
copies of information in its files, it shall not routinely notify the owner or
operator of the facility involved, but instead shall either keep a log or file
of requests for the information or shall place a copy of each completed
application form in the file for the facility to which the application
pertains. Such a log or file shall be available for review by the public and by
the owners and operators of facilities required to submit information to the
commission or committee under this chapter and rules adopted under it.

(d)
Require that claims
for the protection, as a trade secret, of information obtained under this
chapter regarding extremely hazardous substances identified or listed in rules
adopted under division (B)(1)(a) of this section and hazardous chemicals
identified or listed in rules adopted under division (B)(1)(b) of this section
be submitted to the administrator of the United States environmental protection
agency for determination under section 322 of the "Emergency Planning and
Community Right-To-Know Act of 1986," 100 Stat. 1747,
42 U.S.C.A.
11042 , and regulations adopted under that
section;

(e)
Establish criteria
and procedures for the issuance of variances under divisions (B) and (C) of
section 3750.11 of the Revised Code. The
rules shall require that, before approval of an application for a variance, the
commission or committee find by a preponderance of the scientific evidence
based upon generally accepted scientific principles or laboratory tests that
the extremely hazardous substances, hazardous chemicals, or hazardous
substances that would be subject to the reporting requirement pose a
substantial risk of catastrophic injury to public health or safety or to the
environment, or pose an extraordinary risk of injury to emergency management
personnel responding to a release of the chemicals or substances, when the
substances or chemicals are present at a facility in an amount equal to or
exceeding the quantity for which reporting would be required under the
reporting requirement for which the variance is sought. The rules shall also
require that before approval of an application for a variance, the commission
or committee find by a preponderance of the evidence that the development and
implementation of a local emergency response plan for releases of the
substances or chemicals covered by the reporting requirement will reduce the
risk of catastrophic injury to public health or safety or to the environment,
or will reduce the extraordinary risk of injury to responding emergency
management personnel, in the event of a release of the substances or chemicals
and find by a preponderance of the evidence that the reporting requirement is
necessary for the development of such a local emergency response plan. The
rules shall require that when determining whether the substances or chemicals
that would be subject to the reporting requirement pose a substantial risk of
catastrophic injury to public health or safety or to the environment, or pose
an extraordinary risk of injury to emergency management personnel responding to
a release of the substance or chemical, the commission or committee consider
all of the following factors:

(i)
The
specific characteristics and degree and nature of the hazards posed by a
release of the extremely hazardous substances, hazardous chemicals, or
hazardous substances;

(ii)
The
proximity of the facilities that would be subject to the reporting requirement
to residential areas, to areas where significantly large numbers of people are
employed or otherwise congregate, and to environmental resources that are
subject to injury;

(iii)
The
quantities of the extremely hazardous substances, hazardous chemicals, or
hazardous substances that are routinely present at facilities that would be
subject to the reporting requirement;

(iv)
The frequency with which the extremely
hazardous substances, hazardous chemicals, or hazardous substances are present
at the facilities that would be subject to the reporting requirement in
quantities for which reporting would be required thereunder.

(f)
Establish criteria and
procedures for the issuance of orders under division (D) of section
3750.11 of the Revised Code
requiring the placement of emergency response lock box units. The rules shall
require that before approval of an application for issuance of such an order,
the commission or committee find by a preponderance of the scientific evidence
based upon generally accepted scientific principles or laboratory tests that
the presence of the extremely hazardous substances, hazardous chemicals, or
hazardous substances in the quantities in which they are routinely or
intermittently present at the facility for which the order is sought pose a
substantial risk of catastrophic injury to public health or safety or to the
environment, or pose an extraordinary risk of injury to responding emergency
management personnel, in the event of a release of any of those substances or
chemicals from the facility. The rules shall require that before approval of an
application for issuance of such an order, the commission or committee also
find by a preponderance of the evidence that the placement of an emergency
response lock box unit at the facility is necessary to protect against the
substantial risk of catastrophic injury to public health or safety or the
environment, or to protect against an extraordinary risk of injury to
responding emergency management personnel, in the event of a release of any of
the extremely hazardous substances, hazardous chemicals, or hazardous
substances routinely or intermittently present at the facility. The rules shall
require that when determining whether the extremely hazardous substances,
hazardous chemicals, or hazardous substances present at the facility pose a
substantial risk of catastrophic injury to public health or safety or to the
environment, or pose an extraordinary risk of injury to responding emergency
management personnel, in the event of a release of any of those substances or
chemicals from the facility, the commission or committee consider all of the
following factors:

(i)
The specific
characteristics and the degree and nature of the hazards posed by a release of
the extremely hazardous substances, hazardous chemicals, or hazardous
substances present at the facility;

(ii)
The proximity of the facility to
residential areas, to areas where significantly large numbers of people are
employed or otherwise congregate, and to environmental resources that are
subject to injury;

(iii)
The
quantities of the extremely hazardous substances, hazardous chemicals, or
hazardous substances that are routinely present at the facility;

(iv)
The frequency with which the extremely
hazardous substances, hazardous chemicals, or hazardous substances are present
at the facility.

(g)
Establish procedures to be followed by the commission and the executive
committee of the commission for the issuance of orders under this chapter.

(3)
In accordance with
Chapter 119. of the Revised Code adopt rules establishing reportable quantities
for releases of oil that are consistent with and equivalent in scope, content,
and coverage to section 311 of the "Federal Water Pollution Control Act
Amendments of 1972," 86 Stat. 862,
33 U.S.C.A.
1321 , as amended, and applicable regulations
adopted under it;

(4)
Adopt rules
in accordance with Chapter 119. of the Revised Code establishing criteria and
procedures for identifying or listing extremely hazardous substances in
addition to those identified or listed in rules adopted under division
(B)(1)(a) of this section and for establishing threshold planning quantities
and reportable quantities for the added extremely hazardous substances; for
identifying or listing hazardous chemicals in addition to those identified or
listed in rules adopted under division (B)(1)(b) of this section and for
establishing threshold quantities and categories of health and physical hazards
for the added hazardous chemicals; and for identifying or listing hazardous
substances in addition to those identified or listed in rules adopted under
division (B)(1)(c) of this section and for establishing reportable quantities
for the added hazardous substances. The criteria for identifying or listing
additional extremely hazardous substances and establishing threshold planning
quantities and reportable quantities therefor and for identifying or listing
additional hazardous chemicals and establishing threshold quantities and
categories of health and physical hazards for the added hazardous chemicals
shall be consistent with and equivalent to applicable criteria therefor under
the "Emergency Planning and Community Right-To-Know Act of 1986," 100 Stat.
1729, 42 U.S.C.A.
11001 , and regulations adopted under it. The
criteria for identifying additional hazardous substances and for establishing
reportable quantities of the added hazardous substances shall be consistent
with and equivalent to the applicable criteria for identifying or listing
hazardous substances and establishing reportable quantities therefor under the
"Comprehensive Environmental Response, Compensation, and Liability Act of
1980," 94 Stat. 2779, 42
U.S.C.A. 9602 , as amended, and regulations
adopted under it.

The rules shall require that, before identifying or listing any
such additional extremely hazardous substance, hazardous chemical, or hazardous
substance and establishing a threshold planning quantity, threshold quantity,
or reportable quantity therefor, the commission find by a preponderance of the
scientific evidence based on generally accepted scientific principles or
laboratory tests that the substance or chemical poses a substantial risk of
catastrophic injury to public health or safety or to the environment, or poses
an extraordinary risk of injury to emergency management personnel responding to
a release of the chemical or substance, when the chemical or substance is
present at a facility in an amount equal to the proposed threshold planning
quantity or threshold quantity or, in the instance of a proposed additional
extremely hazardous substance or hazardous substance, poses a substantial risk
of catastrophic injury to public health or safety or to the environment if a
release of the proposed reportable quantity of the substance occurs. The rules
shall further require that, before so identifying or listing a substance or
chemical, the commission find by a preponderance of the evidence that the
development and implementation of state or local emergency response plans for
releases of the substance or chemical will reduce the risk of a catastrophic
injury to public health or safety or to the environment, or will reduce the
extraordinary risk of injury to responding emergency response personnel, in the
event of a release of the substance or chemical and find by a preponderance of
the evidence that the identification or listing of the substance or chemical is
necessary for the development of state or local emergency response plans for
releases of the substance or chemical. The rules shall require that the
commission consider the toxicity of the substance or chemical in terms of both
the short-term and long-term health effects resulting from exposure to it and
its reactivity, volatility, dispersibility, combustibility, and flammability
when determining the risks posed by a release of the substance or chemical and,
as appropriate, when establishing a threshold planning quantity, threshold
quantity, reportable quantity, or category of health or physical hazard for it.

(5)
Adopt rules in
accordance with Chapter 119. of the Revised Code establishing criteria and
procedures for receiving and deciding claims for protection of information as a
trade secret that are applicable only to extremely hazardous substances and
hazardous chemicals identified or listed in rules adopted under division (C)(5)
of this section. The rules shall be equivalent in scope, content, and coverage
to section 322 of the "Emergency Planning and Community Right-To-Know Act of
1986," 100 Stat. 1747, 42
U.S.C.A. 11042 , and regulations adopted under
it.

(a)
After consultation with the fire marshal,
adopt rules in accordance with Chapter 119. of the Revised Code establishing
standards for the construction, placement, and use of emergency response lock
box units at facilities that are subject to this chapter. The rules shall
establish all of the following:

(ii)
The specific types of information that
shall be placed in the lock box units required to be placed at a facility by an
order issued under division (D) of section
3750.11 of the Revised Code, which
shall include the location of on-site emergency fire-fighting and spill cleanup
equipment; a diagram of the public and private water supply and sewage systems
serving the facility that are known to the owner or operator of the facility; a
copy of the emergency and hazardous chemical inventory form for the facility
most recently required to be submitted under section
3750.08 of the Revised Code from
which the owner or operator may withhold information claimed or determined to
be trade secret information pursuant to rules adopted under division (B)(2)(d)
of this section, or pursuant to division (B)(14) of this section and rules
adopted under division (B)(5) of this section, and confidential business
information identified in rules adopted under division (B)(1)(h) of this
section; a copy of the local fire department's and facility's emergency
management plans for the facility, if any; a current list of the names,
positions, addresses, and telephone numbers of all key facility personnel
knowledgeable in facility safety procedures and the locations at the facility
where extremely hazardous substances, hazardous chemicals, and hazardous
substances are produced, used, or stored. The rules shall stipulate that, in
the instance of lock box units placed voluntarily at facilities by the owners
or operators of the facilities, such information shall be maintained in them as
is prescribed by agreement by the owner or operator and the fire department
having jurisdiction over the facility.

(iii)
The conditions that shall be met in
order to provide safe and expedient access to a lock box unit during a release
or threatened release of an extremely hazardous substance, hazardous chemical,
or hazardous substance.

(b)
Unless the owner or operator of a
facility is issued an order under division (D) of section
3750.11 of the Revised Code
requiring the owner or operator to place a lock box unit at the facility, the
owner or operator may place a lock box unit at the facility at the owner's or
operator's discretion. If the owner or operator chooses to place a lock box
unit at the facility, the responsibility to deposit information in the lock box
unit is in addition to any other obligations established in this chapter.

(c)
Any costs associated with the
purchase, construction, or placement of a lock box unit shall be paid by the
owner or operator of the facility.

(7)
In accordance with Chapter 119. of the
Revised Code, adopt rules governing the application for and awarding of grants
under division (C) of section
3750.14 and division (B) of
section 3750.15 of the Revised Code;

(8)
Adopt rules in accordance with
Chapter 119. of the Revised Code establishing reasonable maximum fees that may
be charged by the commission and local emergency planning committees for
copying information in the commission's or committee's files to fulfill
requests from the public for that information;

(9)
Adopt internal management rules governing
the operations of the commission. The internal management rules shall establish
an executive committee of the commission consisting of the director of
environmental protection or the director's designee, the director of public
safety or the director's designee, the attorney general or the attorney
general's designee, one of the appointed members of the commission representing
industries subject to this chapter to be appointed by the commission, one of
the appointed members of the commission representing the interests of
environmental advocacy organizations to be appointed by the commission, and one
other appointed member or member ex officio of the commission to be appointed
by the commission. The executive committee has exclusive authority to issue
enforcement orders under section
3750.18 of the Revised Code and to
request the attorney general to bring a civil action, civil penalty action, or
criminal action under section
3750.20 of the Revised Code in the
name of the commission regarding violations of this chapter, rules adopted
under it, or orders issued under it. The internal management rules may set
forth the other specific powers and duties of the commission that the executive
committee may exercise and carry out and the conditions under which the
executive committee may do so. The internal management rules shall not
authorize the executive committee to issue variances under division (B) or (C)
of section
3750.11 of the Revised Code or
orders under division (D) of that section.

(10)
Oversee and coordinate the
implementation and enforcement of this chapter and make such recommendations to
the director of environmental protection and the director of public safety as
it considers necessary or appropriate to improve the implementation and
enforcement of this chapter;

(11)
Make allocations of moneys under division (B) of section
3750.14 of the Revised Code and
make grants under division (C) of section
3750.14 and division (B) of
section 3750.15 of the Revised Code;

(12)
Designate an officer of the
environmental protection agency to serve as the commission's information
coordinator under this chapter;

(13)
Not later than December 14, 1989,
develop and distribute a state emergency response plan that defines the
emergency response roles and responsibilities of the state agencies that are
represented on the commission and that provides appropriate coordination with
the national contingency plan and the regional contingency plan required by
section 105 of the "Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2767,
42 U.S.C.A.
9601 , as amended. The plan shall ensure a
well-coordinated response by state agencies that may be involved in assisting
local emergency responders during a major release of oil or a major sudden and
accidental release of a hazardous substance or extremely hazardous substance.
The plan may incorporate existing state emergency response plans by reference.
At least annually, the commission and the state agencies that are represented
on it shall jointly exercise the state plan in conjunction with the exercise of
a local emergency response plan by a local emergency planning committee under
section 3750.04 of the Revised Code. After
any such exercise, the commission shall review the state plan and make such
revisions in it as the commission considers necessary or appropriate.

(14)
Receive and decide claims for
the protection of information as a trade secret that pertain only to extremely
hazardous substances and hazardous chemicals identified or listed by rules
adopted under division (C)(5) of this section. If the commission determines
that the claim meets the criteria established in rules adopted under division
(B)(5) of this section, it shall issue an order to that effect in accordance
with section
3750.18 of the Revised Code. If
the commission determines that the claim does not meet the criteria established
in those rules, it shall issue an order to that effect in accordance with
section 3750.18 of the Revised Code.

(15)
Annually compile, make
available to the public, and submit to the president of the senate and the
speaker of the house of representatives a summary report on the number of
facilities estimated to be subject to regulation under sections
3750.05 ,
3750.07 , and
3750.08 of the Revised Code, the
number of facilities reporting to the commission, an estimate of the percentage
of facilities in compliance with those sections, and recommendations regarding
the types of activities the commission considers necessary to improve such
compliance. The commission shall base its estimate of the number of facilities
that are subject to regulation under those sections on the current estimates
provided by the local emergency planning committees under division (D)(6) of
section 3750.03 of the Revised Code.

(1)
Procure by contract the temporary or
intermittent services of experts or consultants when those services are to be
performed on a part-time or fee-for-service basis and do not involve the
performance of administrative duties;

(2)
Enter into contracts or agreements with
political subdivisions or emergency planning districts for the purposes of this
chapter;

(3)
Accept on behalf of
the state any gift, grant, or contribution from any governmental or private
source for the purposes of this chapter;

(4)
Enter into contracts, agreements, or
memoranda of understanding with any state department, agency, board,
commission, or institution to obtain the services of personnel thereof or
utilize resources thereof for the purposes of this chapter. Employees of a
state department, agency, board, commission, or institution providing services
to the commission under any such contract, agreement, or memorandum shall
perform only those functions and provide only the services provided for in the
contract, agreement, or memorandum.

(5)
Identify or list extremely hazardous
substances in addition to those identified or listed in rules adopted under
division (B)(1)(a) of this section and establish threshold planning quantities
and reportable quantities for the additional extremely hazardous substances,
identify or list hazardous chemicals in addition to those identified or listed
in rules adopted under division (B)(1)(b) of this section and establish
threshold quantities and categories or health and physical hazards for the
added chemicals, and identify or list hazardous substances in addition to those
identified or listed in rules adopted under division (B)(1)(c) of this section
and establish reportable quantities for the added hazardous substances. The
commission may establish threshold planning quantities for the additional
extremely hazardous substances based upon classes of those substances or
categories of facilities at which they are present and may establish threshold
quantities for the additional hazardous chemicals based upon classes of those
chemicals or categories of facilities where they are present. The commission
shall identify or list such additional substances or chemicals and establish
threshold planning quantities, threshold quantities, reportable quantities, and
hazard categories therefor in accordance with the criteria and procedures
established in rules adopted under division (B)(4) of this section and, after
compliance with those criteria and procedures, by the adoption of rules in
accordance with Chapter 119. of the Revised Code. The commission shall not
adopt rules under division (C)(5) of this section modifying any threshold
planning quantity established in rules adopted under division (B)(1)(a) of this
section, any threshold quantity established in rules adopted under division
(B)(1)(b) of this section, or any reportable quantity established in rules
adopted under division (B)(1)(c) of this section.

If, after the commission has adopted rules under division
(C)(5) of this section identifying or listing an extremely hazardous substance,
hazardous chemical, or hazardous substance, the administrator of the United
States environmental protection agency identifies or lists the substance or
chemical as an extremely hazardous substance or hazardous chemical under the
"Emergency Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,
42 U.S.C.A.
11001 , or identifies or lists a substance as
a hazardous substance under the "Comprehensive Environmental Response,
Compensation, and Liability Act of 1980," 94 Stat. 2779,
42 U.S.C.A.
9602 , as amended, the commission shall
rescind its rules adopted under division (C)(5) of this section pertaining to
the substance or chemical and adopt the appropriate rules under division
(B)(1)(a), (b), or (c) of this section.

(6)
From time to time, request the director
of environmental protection and the executive director of the emergency
management agency to review implementation, administration, and enforcement of
the chemical emergency response planning and reporting programs created by this
chapter and rules adopted under it regarding their effectiveness in preparing
for response to releases of extremely hazardous substances, hazardous
chemicals, and hazardous substances. After completion of any such review, the
director of environmental protection and the director of public safety shall
report their findings to the commission. Upon receipt of their findings, the
commission may make such recommendations for legislative and administrative
action as the commission finds necessary or appropriate to promote achievement
of the purposes of this chapter.

(D)
Except as provided in section
3750.06 of the Revised Code,
nothing in this chapter applies to the transportation, including the storage
incident to transportation, of any substance or chemical subject to the
requirements of this chapter, including the transportation and distribution of
natural gas.

(E)
This chapter
authorizes the state, through the emergency response commission, the department
of public safety, and the environmental protection agency, to establish and
maintain chemical emergency response planning and preparedness, community
right-to-know, and hazardous substance and extremely hazardous substance
release reporting programs that are consistent with and equivalent in scope,
coverage, and content to the "Emergency Planning and Community Right-To-Know
Act of 1986," 100 Stat. 1729,
42 U.S.C.A.
11001 , and regulations adopted under it,
except as otherwise specifically required or authorized in this chapter. The
commission, department, and agencies may do all things necessary, incidental,
or appropriate to implement, administer, and enforce this chapter and to
perform the duties and exercise the powers of the state emergency response
commission under that act and regulations adopted under it and under this
chapter.